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INTERNATIONAL BANK FOR WEST AFRICA LTD. & ANOR V. PAVEX INTERNATIONAL COMPANY (NIGERIA) LIMITED

(2000) JELR 47971 (SC)

Supreme Court  •  SC.78/1994  •  7 Apr 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Appearances
T.E. Williams, Esq. For Appellant Respondents absent and unrepresented For Respondent

Judgement

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal declaring as null and void, the ex-parte Order made by Balogun Ag. CJ on the 25th of July, 1991. The said Order was accordingly set aside. The respondent has also cross-appealed against that part of the judgment where it was held that the facts disclosed did not go far enough to established the likelihood of bias against the respondent/cross-appellant by the learned Acting Chief Judge. The other aspect of the complaint of the cross-appellant against the judgment is the failure of the court below to order the 1st respondent to give credit for the drafts issued in satisfaction of the judgment debt at the current rate of exchange.

I think it is convenient at this stage to set as briefly as possible, what led to the present proceedings. It is an acknowledged fact between the parties that on the 7th day of June 1991, Adeniji J. gave judgment in the dispute between the partied agai…

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